Short answer
Possibly, but never assume. The lawyer must confirm that the power of attorney is valid and authorizes the transaction, and the lender must agree to its use. Some lenders require the original or registered document, additional identity checks, an explanation of circumstances or independent legal advice.
Why this becomes a closing problem
The borrower travels or becomes ill shortly before closing and expects a relative to sign. The lender first learns about the power of attorney after instructions reach the lawyer, leaving no time to review authenticity and authority.
A practical Ontario example
A purchaser will be outside Canada on closing day. A general plan to ‘give a family member POA’ may not satisfy the selected lender. The document and signing process should be arranged with the closing lawyer and approved by the lender well in advance.
How the lending routes may differ
- A lender: may permit or restrict attorney signing under fraud and legal policy.
- Alternative/B lender: can have different documentation rules, but a valid POA and lawyer approval remain necessary.
- MIC/private lender: may require enhanced verification and independent legal advice; urgency does not cure a deficient document.
Important boundary: Ontario legislation and legal-registration requirements are not lender underwriting policies. Each lender decides its acceptable borrower, property, priority and documentation requirements, while the closing lawyer determines the legal work needed.
Questions to ask now
- Does the POA cover this property transaction?
- Has the lender approved attorney signing in writing?
- Does it need to be registered?
- Can the borrower instead sign remotely under the lawyer’s approved process?
Rajiv’s practical view
Raise travel, health or capacity issues before lender submission. Let the lawyer prepare or review the authority—never download a generic form and assume it will close the mortgage.
Source and context
This is general Ontario education, not legal, tax or title advice. Obtain transaction-specific advice from the closing lawyer and other appropriate professionals.
Continue your research
Closing-problem guidance · Real Estate Centre · Mortgage Knowledge Centre
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Rajiv Verma, Mortgage Broker · Ontario